Competition and cooperation between international courts: a critical approach to the new paradigms of cross-border dispute resolution model


Autoria(s): Giannattasio, Arthur Roberto Capella; Trevisan, Marília Lopes
Data(s)

25/04/2014

25/04/2014

24/04/2014

Resumo

This article examines the arising cross-border dispute resolution models (Cooperation and Competition among national Courts) from a critical perspective. Although they have been conceived to surpass the ordinary solution of a Modern paradigm (exclusive jurisdiction, choice of court, lis pendens, forum non conveniens, among others), they are insufficient to deal with problems raised with present globalization, as they do not abandon aspects of that paradigm, namely, (i) statebased Law; and (ii) standardization of cultural issues.

Identificador

http://hdl.handle.net/10438/11669

Idioma(s)

en_US

Relação

DIREITO GV Research Paper Series – Legal Studies;92

Palavras-Chave #Competition among courts #Cooperation among courts #Modern international law #Post-Modern international law #Direito
Tipo

Working Paper